Termination of Tenancies for Tenant Default - Law Commission

(5) any right to an overriding lease of the demised premises.
169
[Paragraph 6.52]
8.43 We recommend that the circumstances in which the landlord is to be taken to
have knowledge of a qualifying interest in the tenancy should include those
where:
(1) the landlord has been notified of the interest in writing; or
(2) the interest is registered in the register of title kept by the Chief Land
Registrar, the appropriate local land charges register, or the register of
charges kept by the Registrar of Companies.
[Paragraph 6.67]
8.44 We recommend that the landlord should be required to give a tenant default
notice to every person who has a qualifying interest in the tenancy of which the
landlord has knowledge.
[Paragraph 6.68]
8.45 We recommend that the landlord should be required to deliver to the demised
premises a tenant default notice specifying the default and addressed to “The
Occupier”.
[Paragraph 6.69]
8.46 We recommend that, on application by the landlord, the court should be able to
dispense with the above requirements if it thinks that it is just and equitable to do
so.
[Paragraph 6.70]
8.47 We recommend that the court should have the power to make, on application by
a person with a qualifying interest in the tenancy, a transfer order or a new
tenancy order.
8.48 We recommend that where a court makes a transfer order:
[Paragraph 6.105]
(1) it may order the transfer of the tenancy to the applicant, or a person
nominated by the applicant;
(2) it must specify the day on which the transfer is to be made. That day may
not be after the end of the period of six weeks beginning with the day on
which the order is made, unless the court is satisfied that this would
cause exceptional hardship in which case the day may not be after the
end of the period of twelve weeks beginning with the day on which the
order is made.
[Paragraph 6.106]